Understanding Constitutions

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Questions and Answers

What is the primary purpose of a constitution in a state?

To serve as a historical document

To provide a framework for governance and rights (correct)

To define a precise set of laws for society

To allow for unlimited power to the rulers

How do constitutions contribute to the stability of government and society?

By limiting the number of laws that can be enacted

By introducing order and predictability in government operations (correct)

By promoting chaos among government institutions

By enabling leaders to act without restrictions

What do civil liberties in a constitution mainly refer to?

The limitations placed on the government by external forces

The privileges of government officials

The rights that citizens have under their government (correct)

The duties of citizens to their government

Which of the following is NOT a common function of constitutions?

Establishing specific laws for all situations Signup and view all the answers

What is the significance of the Bill of Rights in the US Constitution?

It guarantees basic rights for the citizens Signup and view all the answers

In a federal system, what is a key characteristic of distinct parts of government?

They may have multiple constitutions within a single country Signup and view all the answers

What role does a constitution play in protecting freedoms?

It can restrain the behavior of those in office Signup and view all the answers

How does a constitution facilitate a fresh start for governments?

By providing a new legal basis after disruption Signup and view all the answers

What is a key characteristic of a codified constitution?

It is enclosed in a single document. Signup and view all the answers

Which of the following countries has a codified constitution?

South Sudan Signup and view all the answers

What is the main function of the Preamble in a constitution?

To provide an opening statement of principles and aims. Signup and view all the answers

Which option correctly describes a feature of an uncodified constitution?

It evolves over time from various sources. Signup and view all the answers

In a federal constitution like that of the USA, which statement is true?

Both federal and state governments operate independently within their jurisdictions. Signup and view all the answers

What distinguishes a flexible constitution from an entrenched constitution?

Flexible constitutions can be amended like regular laws. Signup and view all the answers

Which statement about the Basic Law of Saudi Arabia is accurate?

It acknowledges the Quran as the constitution. Signup and view all the answers

What does the Bill of Rights typically include in a codified constitution?

A comprehensive list of fundamental rights of individuals. Signup and view all the answers

Which of the following is NOT an example of a country with a codified constitution?

Israel Signup and view all the answers

Which constitution is considered the oldest in the world?

The Constitution of the United States Signup and view all the answers

What is a common misconception related to uncodified constitutions?

They are all completely unwritten. Signup and view all the answers

Which of the following statements best describes a key difference between federal and unitary systems?

Unitary systems concentrate power in a central government. Signup and view all the answers

Which of the following statements is true regarding the amendments in a codified constitution?

They often involve a rigorous and defined procedure. Signup and view all the answers

What happens if a motion of no confidence is passed in the UK government and no alternative government is confirmed within 14 days?

New elections are automatically called. Signup and view all the answers

Which is true about the relationship of UK with its uncodified constitution?

Much of the UK's constitution is written in statutory laws. Signup and view all the answers

How did the House of Lords Act 1999 change the composition of the House of Lords?

It removed all but 92 hereditary peers. Signup and view all the answers

Which Act codified the European Convention of Human Rights into UK law?

The Human Rights Act Signup and view all the answers

What is a key characteristic of an entrenched constitution, like that of the US?

It requires a supermajority and ratification by states to be amended. Signup and view all the answers

What percentage of voters opted to retain the First Past the Post system in the AV Referendum of 2011?

67.9% Signup and view all the answers

How does parliamentary sovereignty affect constitutional amendments in the UK?

It allows any act passed by Parliament to amend the constitution. Signup and view all the answers

Which country has not made any constitutional amendments since 1947?

Japan Signup and view all the answers

What notable event occurred in the UK due to the Firearms Amendment Act of 1997?

The banning of all handguns except for hunting. Signup and view all the answers

Which of the following statements is true regarding the devolution of powers in the UK?

The Westminster Government retains sovereignty over devolved governments. Signup and view all the answers

What condition must be met for a constitutional amendment to be proposed in the US?

A supermajority in both houses of Congress. Signup and view all the answers

Which of the following amendments to the US Constitution prohibited alcohol?

18th Amendment Signup and view all the answers

Which statement reflects a failure of the Equal Rights Amendment in the US?

It received overwhelming support in Congress but failed to be ratified by states. Signup and view all the answers

What is the main characteristic of a federal constitution?

Shared sovereignty between different levels of government. Signup and view all the answers

What key aspect of gun ownership in the US is derived from the Second Amendment?

It emphasizes the importance of a well-regulated militia. Signup and view all the answers

Which of the following countries serves as an example of a constitutional monarchy?

Canada Signup and view all the answers

Which of the following best describes the process of amending the US Constitution?

It requires both Congressional approval and state ratification. Signup and view all the answers

Why was Thomas Jefferson critical of the difficulty in amending the US Constitution?

He felt it prevented necessary changes over time. Signup and view all the answers

How many constitutional amendments have been made in Ireland since 1937?

32 Signup and view all the answers

What is indicated by the concept of constitutional sovereignty in the US?

All power flows from the constitution itself. Signup and view all the answers

Which referendum resulted in a narrow majority for leaving the European Union?

European Union Referendum Signup and view all the answers

The separation of powers is most clearly defined in which governmental system?

Presidential system Signup and view all the answers

What mechanism allows amendments to be proposed by states in the US?

A constitutional convention called by state legislatures. Signup and view all the answers

Which of the following is a recent example of a change to the UK constitution?

The Fixed Term Parliaments Act. Signup and view all the answers

What percentage of Irish citizens voted to repeal sections 2 and 3 of the Irish Constitution?

94% Signup and view all the answers

In a parliamentary system, which statement is true about the head of government?

Can serve in multiple branches of government. Signup and view all the answers

Which of the following best describes the role of the UK Prime Minister in the government?

Member of the legislature and appoints judges. Signup and view all the answers

Which major event in 1998 involved a constitutional agreement in Ireland?

Good Friday Agreement Signup and view all the answers

Which statement is true about the judicial review in the UK compared to the US?

The US Supreme Court has ruled more acts unconstitutional. Signup and view all the answers

What was the outcome of the motion regarding the monarchy?

Rejected by 55% to 45% Signup and view all the answers

Which group prominently campaigns for Republicanism in England?

Republic Signup and view all the answers

What significant document established limits on the power of the monarch for the first time?

The Magna Carta Signup and view all the answers

What aspect does the UK constitution lack, in contrast to many other nations?

A formal written document Signup and view all the answers

What does parliamentary sovereignty allow Parliament to do?

Create laws on any matter Signup and view all the answers

What significant event led to the establishment of the Bill of Rights?

The Glorious Revolution Signup and view all the answers

Which Act of Union merged the Kingdoms of England and Scotland?

Acts of Union (1707) Signup and view all the answers

What does popular sovereignty emphasize?

Authority of the people Signup and view all the answers

What was a primary motivation behind Republican campaigns regarding the Royal Family?

Opposition to Royal allowances Signup and view all the answers

How does the UK constitution differ in terms of flexibility?

It can be easily amended by a single act Signup and view all the answers

Which act barred Roman Catholics from ascending to the throne?

The Act of Settlement Signup and view all the answers

Which element is not traditionally viewed as a principle of the UK constitution?

Separation of powers Signup and view all the answers

What occurred during the partition of Ireland in 1922?

Ireland became a republic Signup and view all the answers

Who is responsible for the prorogation and summoning of Parliament?

The Monarch Signup and view all the answers

Which of the following best represents the role of Statute Law in the UK constitution?

It is the main source as Parliament is sovereign. Signup and view all the answers

What principle did the Magna Carta establish?

Power of the monarch is limited. Signup and view all the answers

What was the significance of the case Miller v. Prime Minister?

It ruled the prorogation of Parliament as unlawful. Signup and view all the answers

What is Royal Assent?

Mandatory consent from the monarch for legislation. Signup and view all the answers

Which act established a devolved parliament in Scotland?

Scotland Act (1998) Signup and view all the answers

The Fixed Term Parliaments Act (2011) states that Parliament will last for how long?

Five years unless special circumstances arise Signup and view all the answers

What does the Doctrine of Implied Repeal state?

Newer laws replace older ones in case of conflict. Signup and view all the answers

What document last withstood Royal Assent in 1708?

Scottish Militia Bill Signup and view all the answers

Which event prompted the signing of the Bill of Rights?

The Glorious Revolution Signup and view all the answers

Who traditionally appoints a Prime Minister in the UK?

The Monarch Signup and view all the answers

What is common law primarily known for?

It is established by judges' decisions. Signup and view all the answers

Which of the following statements is true about the powers of Parliament?

Parliament is sovereign and can enact or repeal laws. Signup and view all the answers

What does the principle of Parliamentary Sovereignty mean?

Parliament can make or unmake any law and no one can override its decisions. Signup and view all the answers

What does the Rule of Law entail in the context of the British constitution?

Everyone is equal under the law and has rights that government cannot infringe upon. Signup and view all the answers

Who famously stated that 'Parliament can make, or unmake any law'?

A.V Dicey Signup and view all the answers

Which of the following statements about the Fusion of Powers in the UK is true?

The government is accountable to the Legislature, facilitating a strong government. Signup and view all the answers

What may the Monarch grant as part of their royal prerogative powers?

Honorary appointments such as knighthoods. Signup and view all the answers

What does the Constitutional Reform Act (2005) ensure regarding the judiciary?

An independent commission selects senior judges. Signup and view all the answers

Which court case exemplified the limitation of government power over citizens?

A v. Home Secretary Signup and view all the answers

What role does the Monarch serve as the Head of State?

Symbolic representative performing constitutional duties. Signup and view all the answers

What did A.V. Dicey argue were the three key elements of the Rule of Law?

Equality under the law, independent administration, and guaranteed rights. Signup and view all the answers

Which statement is true regarding the relationship between the Executive and Legislature in the UK?

The Prime Minister is typically a member of the Legislature. Signup and view all the answers

What concept did Lord Hailsham criticize regarding the UK government structure?

The fusion of powers leading to an elective dictatorship. Signup and view all the answers

How is the Monarch's executive power primarily executed in modern UK governance?

Through the Prime Minister and the government’s guidance. Signup and view all the answers

Which principle opposes the idea that anyone is 'above the law'?

Rule of Law Signup and view all the answers

What is the significance of Royal Assent in the legislative process?

It is the final step required for a law to take effect. Signup and view all the answers

What event marked the end of the Posonby Rule?

The Constitutional Reform and Governance Act Signup and view all the answers

Under the Fixed-Term Parliament Act, which condition mandates an early election?

The Government loses a confidence vote Signup and view all the answers

Which party was Douglas Carswell affiliated with when he established the Carswell Convention?

UK Independence Party Signup and view all the answers

What significant political situation emerged after the 2010 General Election?

Hung Parliament Signup and view all the answers

Which event led to a constitutional crisis involving the House of Lords in 1909?

The People's Budget Signup and view all the answers

Which convention was violated when Nigel Farage ran against the Speaker of the House of Commons?

The Speaker's Independence Convention Signup and view all the answers

What is a key limitation of constitutional conventions in the UK?

They lack legal recognition Signup and view all the answers

Which power traditionally held by the monarch is now exercised by the government and its ministers?

Ordering military action Signup and view all the answers

What was the result of the 2015 House of Lords' vote against government plans for tax credits?

A challenge to the budgetary convention Signup and view all the answers

How did the King intervene during the People’s Budget crisis?

By threatening to appoint new Liberal Lords Signup and view all the answers

What is one key argument against the use of royal prerogative powers today?

They lack parliamentary scrutiny Signup and view all the answers

What significant precedent was set by the resolution of the Hung Parliament after the 2010 General Election?

A formal coalition agreement between parties Signup and view all the answers

What happens if a Prime Minister loses a confidence vote in the House of Commons?

The Prime Minister must resign Signup and view all the answers

Which act fixed the timing for General Elections in the UK?

Fixed Term Parliament Act Signup and view all the answers

What major change did the Marriage (Same-Sex Couples) Act introduce in 2013?

It legalized same-sex marriage. Signup and view all the answers

What is a significant change regarding military actions in the UK since 2003?

Parliament now must authorize military action. Signup and view all the answers

Which case confirmed that Article 50 must be authorized by Parliament?

Miller v Secretary of State for Exiting the European Union Signup and view all the answers

What does the term 'reasonable force' refer to in the context of the Crime and Courts Act?

Force that is deemed acceptable under specific circumstances. Signup and view all the answers

How did the House of Lords impact the understanding of the term 'likely' in the context of disability rights?

It defined 'likely' as something that might happen. Signup and view all the answers

What was the outcome of the Supreme Court decision regarding Boris Johnson's prorogation of Parliament?

It was ruled as unlawful. Signup and view all the answers

What was the main argument in Gina Miller's challenge against the government regarding Article 50?

Only Parliament could decide to leave the EU. Signup and view all the answers

What consequence did the establishment of Common Law Marriage have on cohabiting couples?

It allowed cohabiting couples to enjoy some legal rights similar to married couples. Signup and view all the answers

Which of the following is a named convention regarding the dissolution of Parliament?

The Lascelles Principles Signup and view all the answers

Which work by Walter Bagehot discusses the role of the Cabinet and Prime Minister?

The English Constitution Signup and view all the answers

Which act required Parliament to scrutinize international treaties?

Constitutional Reform and Governance Act Signup and view all the answers

What does the Sewell Convention dictate regarding the Westminster Parliament?

It must consult devolved governments before legislating on reserved matters. Signup and view all the answers

Which principle governs how the Speaker of the House of Commons should vote in case of a tie?

The Denison Rule. Signup and view all the answers

What principle was established in the Factortame case?

EU law takes precedence over UK law. Signup and view all the answers

What limitation was placed on the Prime Minister regarding early elections after the Fixed Term Parliament Act?

Early elections require a vote of No Confidence or a 2/3rds majority. Signup and view all the answers

What role do conventions play in the UK constitution?

They are practices that guide political conduct. Signup and view all the answers

Which organization is NOT typically considered an external relation impacting the UK Constitution?

The Bar Association Signup and view all the answers

What was the effect of the Fixed-Term Parliaments Act on the Lascelles Principles?

It rendered the Lascelles Principles redundant by codifying election conditions. Signup and view all the answers

What role does the judiciary have concerning the Royal Prerogative, as shown in recent cases?

Judiciary can challenge the use of prerogative powers. Signup and view all the answers

What ambiguity exists in the term 'reasonable adjustments' stated in the Equality Act (2010)?

It varies depending on the action taken by the individual employer. Signup and view all the answers

What was a significant outcome following the 2006 case Wilkinson vs Kitzinger?

Civil partnerships were established as a legal recognition for same-sex couples. Signup and view all the answers

What does the term 'Royal Prerogative' refer to in UK governance?

Powers historically held by the monarchy. Signup and view all the answers

Which of the following was a reason for the Parliament's intervention in same-sex marriage?

Societal demand and a desire for legal equality. Signup and view all the answers

Which of the following is NOT one of Bagehot’s arguments in his work?

Separation of powers. Signup and view all the answers

What significance did the Speaker of the House of Commons' actions in March 2019 have?

It challenged parliamentary procedures regarding Brexit. Signup and view all the answers

What is a characteristic feature of conventions in the UK Constitution?

They evolve and change over time based on practice. Signup and view all the answers

What was the significant change instituted by the Parliament Acts of 1911 and 1949 regarding the House of Lords?

It limited the House of Lords' ability to block legislation. Signup and view all the answers

Which Act was responsible for granting voting rights to women over the age of 30 who owned property in 1918?

The Representation of the People Act Signup and view all the answers

What was one of the primary promises made by Tony Blair's campaign for the New Labour government in 1997?

To introduce a codified Constitution Signup and view all the answers

What was the purpose of the House of Lords Act of 1999?

To remove most hereditary peers from the House of Lords Signup and view all the answers

Which of the following was NOT a key area of focus for Labour's constitutional reforms between 1997 and 2010?

Strengthening the monarchy's powers Signup and view all the answers

Which voting system was introduced for EU elections and devolved assemblies under Labour?

D'Hondt system of proportional representation Signup and view all the answers

How many times has the Parliament Act been used since its enactment in 1949?

Four times Signup and view all the answers

What significant legislation did the Labour government fail to deliver on regarding the House of Lords?

An elected Upper Chamber Signup and view all the answers

Which of the following Acts allowed UK courts to try Nazi war criminals retrospectively?

War Crimes Act Signup and view all the answers

What was the result of the Scottish Devolution Referendum in 1997?

74% to 26% in favor Signup and view all the answers

Which legislation prohibited the use of dogs in hunting wild mammals?

Hunting Act Signup and view all the answers

Which change was a part of Labour's democratic reforms, specifically regarding referendums?

Held referendums on devolution Signup and view all the answers

What was a significant outcome regarding the age of consent brought about by the Sexual Offences (Amendment) Act of 2000?

Made the age of consent for homosexual sex equal to that of heterosexual sex Signup and view all the answers

Which of these sources of the UK constitution does the mnemonic SCCREW include?

Conventions Signup and view all the answers

What percentage of voters supported the Northern Irish Good Friday Agreement in the 1998 referendum?

71% Signup and view all the answers

What was a key role of the Electoral Commission when it was established?

Oversee electoral registers and voter registration Signup and view all the answers

Which act established financial regulations for political parties in the UK?

Political Parties, Elections and Referendums Act (2000) Signup and view all the answers

Which electoral system is used for UK general elections?

First Past the Post Signup and view all the answers

Which of the following was a outcome of the devolution introduced by the Labour Government?

Creation of devolved governments for Scotland, Wales, and Northern Ireland Signup and view all the answers

What significant judicial change was made by the Constitutional Reform Act of 2005?

Introduction of a Supreme Court for the UK Signup and view all the answers

What was one of the main criticisms of Labour's approach towards human rights?

Failing to implement a Bill of Rights and Responsibilities Signup and view all the answers

How much can political parties spend per constituency during elections under current regulations?

£30,000 Signup and view all the answers

Which electoral system is utilized for European elections in the UK?

D’Hondt System Signup and view all the answers

What was a significant limitation noted in the House of Lords reform?

Retaining 92 hereditary peers Signup and view all the answers

What does the Freedom of Information Act enable individuals to do?

Request information held by public bodies Signup and view all the answers

Which of the following acts is designed to prevent discrimination based on protected characteristics?

Equality Act (2010) Signup and view all the answers

What was a common public response to Labour's proposed greater devolution plans for the North-East?

A loud opposition with a 'no' vote Signup and view all the answers

Which statement best describes the outcomes of Labour's constitutional reforms?

Major reforms achieved in rights with some weaknesses in others Signup and view all the answers

Which of the following reforms emphasizes the distribution of power away from central government?

Decentralisation Signup and view all the answers

What is a significant role of Common Law in the UK legal system?

Creating laws to fill statutory gaps Signup and view all the answers

Which legislation clarified the meaning of 'reasonable force' in self-defense cases?

Crime and Courts Act Signup and view all the answers

What defines the Sewell Convention in the context of UK constitutional law?

Legislating without consulting devolved parliaments is prohibited Signup and view all the answers

Which of the following is an example of a named constitutional convention?

The Speaker votes for the status quo in ties Signup and view all the answers

How does Common Law marry with statutory law in the UK?

Judges interpret Statute Law using Common Law principles Signup and view all the answers

What is the significance of the Equality Act (2010) in UK law?

It set ambiguous criteria for employers regarding disabilities Signup and view all the answers

Which case established the right to civil partnership for same-sex couples?

Wilkinson vs Kitzinger Signup and view all the answers

What is a key characteristic of conventions in the UK Constitution?

They are practices that may not be enforced by law Signup and view all the answers

Which statement best describes the evolution of the UK constitution since 1997?

It has become more codified Signup and view all the answers

What was a key principle established by the Lascelles Principles?

The Queen could refuse to dissolve Parliament under certain conditions Signup and view all the answers

Which of the following cases clarified the term 'likely' in the context of disability legislation?

SCA Packaging vs Boyle Signup and view all the answers

What aspect of the Parliamentary system does the Salisbury Convention address?

The relationship between the House of Commons and House of Lords Signup and view all the answers

Which statement correctly describes Common Law Marriage in the UK?

Judges have established certain legal rights for cohabiting couples Signup and view all the answers

Study Notes

What is a Constitution?

A constitution is a set of rules and agreements outlining how a state or society operates.
Every country has a constitution, even dictatorships.
It defines sovereignty, power distribution among institutions, and limits ruler power.
It often guarantees individual rights, known as civil liberties.
It provides a framework for laws and governmental structures but doesn't dictate specific societal actions.

Functions of a Constitution

Provides legitimacy to those in power, giving legal status to government actions.
Protects freedoms by restraining those in office and outlining rights and responsibilities.
Encourages stability in government and society by imposing order.
Outlines the primary goals and values of a state.
Distinguishes the spheres of influence within government, especially in federal systems.
Allows governments to start fresh after revolutions or upheaval.

Types of Constitutions

Codified: All major parts are within one document, often created during a revolutionary period, Example: US Constitution (1787).
- Often federal, dividing power between national and state governments, Example: USA, Germany.
- Can be unitary, concentrating power in one central government, Example UK, France.
- Varying numbers of amendments demonstrate different degrees of entrenchment (difficulty changing).
Uncodified: Parts are not in one document, based on a range of sources and can evolve over time. Example: UK Constitution.
- While often referred to as unwritten, many aspects are written.
Flexible v. Entrenched:
- Flexible: Can be changed easily by enacting statute laws, common in uncodified Constitutions, Example: UK Constitution.
- Entrenched: Difficult to change, often found in codified constitutions, Example: US Constitution.
Requires specific procedures like supermajorities in Congress and state legislatures for amendments.
Unitary v. Federal:
- Unitary: Power concentrated in the central government, common in smaller, homogenous countries, Example: UK.
- Federal: Power is shared between central and subnational entities (states, provinces), Example: USA, Australia, Russia. Neither has legal supremacy.
Presidential v. Parliamentary:
- Presidential: Clear separation of powers among branches of government (executive, legislative, judiciary), Example: USA.
- Parliamentary: Fusion of powers, meaning executive officers are part of the legislature. Example: UK.
- Monarchical: Sovereignty resides within one person, the monarch.
- Republican: Sovereignty resides with the people.

Principles of the UK Constitution

Parliamentary Sovereignty: Parliament is the supreme legal body. It can make or overturn any law.
- Includes: legal supremacy over other bodies, equality among laws, power to make any law, even retrospective laws.
Rule of Law: Everyone is equal under the law, the law is applied independently from government, and citizens have rights with government powers not unlimited.
Fusion of Powers: Executive is chosen from and accountable to the legislature. This allows for a strong, decisive government but is criticized as an 'elective dictatorship' by some.
Constitutional Monarchy: Monarch is a part of Parliament with symbolic and ceremonial roles, but the executive powers are delegated.

Sources of the UK Constitution

Statute Law: Primary source, based on acts of Parliament, legally supreme. This includes acts like Magna Carta, the Bill of Rights, Acts of Union, the Human Rights Act, European Communities Act, and more.
Common Law: "Case law" or judge-made law, based on customs and traditions. Fills in gaps left by statute law (such as in defining murder).
Conventions: Practices followed despite no explicit codified rules, not legally binding. Examples: Monarch acting on government advice, leadership of the majority party becoming Prime Minister.
Royal Prerogative: Theoretical powers of the Monarch exercised by the government, often less significant, declining in importance.
External Relations: International agreements impacting the UK, like the EU (although no longer a formal part of the UK constitution), the UN, NATO, and more.
Works of Authority: Scholarly works, not legally binding but influencing political figures, e.g., Bagehot's "The English Constitution," Dicey's works, May's treatise.

Evolution and Changes

Historical Changes: Evolution rather than revolution, building upon existing systems (e.g., Magna Carta, Bill of Rights, Acts of Union). Key documents and acts are examples of this.
20th and 21st Century Changes: A notable acceleration beginning around 1997 with Labour's constitutional reforms.
- Key areas include decentralization, democratization, modernization of institutions, extending rights for citizens.

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Description

This quiz explores what a constitution is, its functions, and different types. It covers key concepts such as civil liberties and the legitimacy it provides to governments. Test your knowledge on how constitutions shape societies and maintain order.